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(Amended by Ord. No. 176,546, Eff. 5/2/05.)
Within ten days after service upon the applicant of a written notice of the intention of the Board to deny the applicant’s application for a permit, the applicant may file a request for a hearing with the Board. The request for a hearing shall be in writing and signed by or on behalf of the applicant and shall state the applicant’s mailing address. It need not be verified or follow any particular form. Failure to file such a request for a hearing shall constitute a waiver of the applicant’s right to a hearing. The Board, in its discretion, may nevertheless grant a hearing. No further notice other than notice of the date and place of hearing need be served on the applicant. Hearings granted under this section, except for permits subject to Sections 103.101.1, 103.102 and 103.109, shall be conducted substantially in compliance with the provisions of Article 2 of Chapter 2 of this Code. Hearings granted under this section for permits subject to Sections 103.101.1, 103.102 and 103.109 shall be conducted substantially in compliance with the provisions of Article 2, Chapter 10.
(Title and Section Amended by Ord. No. 176,546, Eff. 5/2/05.)
The Board may, upon its own motion or upon the verified complaint in writing of any person, investigate the actions of any permittee and may temporarily suspend for a period not exceeding one year, revoke the permit, or impose conditions upon the retention of a permit of any permittee who commits any one or more of the acts or omissions constituting grounds for suspension, revocation or disciplinary action under this article. The procedure for suspension, revocation, or disciplinary action shall comply with the provisions of Article 2, Chapter 10.
(Added by Ord. No. 175,676, Eff. 1/11/04.)
The Board shall, upon its own motion or upon the verified complaint in writing of any person, suspend or revoke an existing permit issued pursuant to Sections 103.101.1, 103.102, or 103.109, or impose conditions upon the retention of the permit as the Board shall find to be necessary to assure the preservation of the public health and safety, if the evidence presented establishes that:
1. The business has been operated in violation of any of the applicable requirements of this article;
2. Any of the applicable requirements for issuance of a permit ceases to be satisfied;
3. (Amended by Ord. No. 176,066, Eff. 8/8/04.) The permittee, the permittee’s employee, agent, partner, director, officer, or manager has been convicted by final judgment in a court of competent jurisdiction, which judgment has resulted from any trial or plea, including a plea of nolo contendere, of any of the following offenses occurring upon, or relating to the business premises:
(a) The presentation, exhibition or performance of an obscene production or play;
(b) The distribution of obscene material or material harmful to minors;
(c) Sexual abuse, rape, and any offense classified by the State as an offense involving sexual crimes against children;
(d) Prostitution or pandering;
(e) Penal Code Sections 243.4, 261, 261.5, 264.1, 266, 266a through 266k, inclusive, 267, 286, 286.5, 288, 288a, 311 through 311.10, inclusive, 314, 315, 316, or 647, or the violation of any crime requiring registration under California Penal Code Section 290, or violation of any successor sections;
(f) A court has declared the business to be a public nuisance.
4. The permittee, the permittee’s employee, agent, partner, director, officer, or manager has knowingly allowed or permitted any act of sexual intercourse, sodomy, oral copulation or masturbation to be committed in or on the business premises, or has knowingly allowed or permitted prostitution, or solicitation of prostitution on the premises; or (Amended by Ord. No. 176,066, Eff. 8/8/04.)
5. The permittee, the permittee’s employee, agent, partner, director, officer, or manager has knowingly made any false, misleading, or fraudulent statements of material fact in the application for permit, or in any report or record required to be filed with the Board, or has violated any rule or regulation duly adopted by the Board relating to the business. (Amended by Ord. No. 176,066, Eff. 8/8/04.)
(Amended by Ord. No. 176,066, Eff. 8/8/04.)
A permittee or applicant may, pursuant to California Code of Civil Procedure Section 1094.8, seek judicial review of any Board decision to deny a permit application, to suspend or revoke a permit or deny an annual renewal of a permit. If the decision was based on a violation of Subdivisions 1, 2, 4 or 5 of Section 103.34.1, and an action is timely filed pursuant to Code of Civil Procedure Section 1094.8(d)(3), the Board’s final action is stayed for 75 days from the filing of court action.
It shall be a ground for disciplinary action if any permittee, the permittee’s agent or employee or any person connected or associated with the permittee as partner, director, officer, stockholder, general manager, or person who is exercising managerial authority of or on behalf of the permittee has:
(a) Knowingly made any false, misleading or fraudulent statement of a material fact in an application for a permit, or in any report or record required to be filed with the Board; or
(b) Violated any provision of this article or of any statute relating to the permittee’s permitted activity; or
(c) Been convicted of a felony or any crime involving theft, embezzlement or moral turpitude; or
(d) Committed any act constituting dishonesty or fraud; or
(e) A bad moral character, intemperate habits or a bad reputation for truth honesty or integrity; or
(f) Committed any unlawful, false, fraudulent, deception or dangerous act while conducting a permitted business; or
(g) Published, uttered or disseminated any false, deceptive or misleading statements or advertisements in connection with the operation of a permitted business; or
(h) Violated any rule or regulation adopted by the Board relating to the permittee’s business; or
(i) Willfully failed to comply with the terms of any contract made as a part of the exercise of the permitted business; or
(j) Conducted the permitted business in a manner contrary to the peace, health, safety, and general welfare of the public; or
(k) Demonstrated that the permittee is unfit to be trusted with the privileges granted by such permit; or (Amended by Ord. No. 183,613, Eff. 7/19/15.)
(l) Been found to have violated any law involving wages or labor as a violation of the California Labor Code or the Los Angeles Minimum Wage Ordinance, Los Angeles Municipal Code, Article 7, of Chapter XVIII or the Los Angeles Municipal Code, Article 8 of Chapter XVIII. (Added by Ord. No. 183,613, Eff. 7/19/15.)
(a) Conviction. If any person holding a permit under this article is convicted in any court of the violation of any law relative to their permit, the Board may revoke said permit forthwith without any further action thereon other than giving notice of revocation to the permittee.
(b) Failure to Comply with Order in Regard to Stolen Property. The Board may, without a hearing, suspend or revoke the permit of a permittee who fails to comply with an order of the Board made pursuant to Sec. 103.42.
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